By Lehlohonolo Lehana.
Suspended public protector Busisiwe Mkhwebane released audio recordings over extortion and corruptions claims surrounding the Section 194 Inquiry into her fitness to hold office.
Mkhwebane opened the briefing at The Capital Hotel on The Park, in Sandton, by expressing her condolences to the family of late ANC MP Tina Joemat-Pettersson, who passed away at her Cape Town home on 5 June 2023.
She said all three arms of the state — the legislature, the executive and judiciary — had played an indirect or direct role in the death of Joemat-Pettersson.
Mkhwebane has claimed several MPs offered to make her Section 194 inquiry into her fitness to hold office go away in exchange for money.
She said she is in possession of 90 WhatsApp messages between her husband, David Skosana, and Joemat-Pettersson.
During a media briefing on Tuesday afternoon, Mkhwebane said a bribe of R600 000 was solicited.
She says Joemat-Pettersson indicated during the meeting that Mkhwebane’s inquiry already had a pre-determined outcome against the suspended public protector.
Mkhwebane claimed that Joemat-Pettersson was representing African National Congress (ANC) Chief Whip Pemmy Majodina and Section 194 Committee chairperson Qubudile Dyantyi, and demanded R200 000 each for herself, Dyantyi and Majodina.
Mkhwebane said the meeting happened in March, adding her husband was still collecting enough evidence unbeknownst to her.
“I said why are you keeping this away from me, he said ‘I wanted myself to have evidence and even trap them, especially all of them so that I can have over the evidence’ So I said, ‘Stop that, the police must do they are supposed to be doing that’.
“But I then had to act immediately. I said to him open a case, and I then wrote to the speaker. I wanted to sit down with her and take her through all this information because this is corruption.”
She said National Assembly Speaker Nosiviwe Mapisa-Nqakula refused to meet with her and exposed her as a whistleblower regarding her allegations of attempted bribery.
Parliamentary spokesperson Moloto Mothapo said the legislature will not engage in public mudslinging on the matter since the subject is under investigation by the Hawks and Parliament.
“Engaging in such would be fruitless, counterproductive, and undermine the truth-seeking efforts of these institutions.”
“Furthermore, engaging will show lack of sensitivity and respect to the bereaved family who are still coming to terms with the passing-on of Tina Joemat-Pettersson,” said Mothapo.
Mkhwebane also said the predetermined outcome to her impeachment inquiry, claims has been triggered by her “31 questions” in her report about the theft at President Cyril Ramaphosa’s Phala Phala game farm on 9 February 2022.
She added that Joemat-Pettersson told “my husband twice that the courts are with Ramaphosa”.
“The real reason for my suspension was my complaint about the Phala Phala scandal. The objective to remove me illegally has thus been achieved,” she said.
According to Mkhwebane, she has shared the recordings and messages with the police and Hawks, as well as the Ethics Committee to recuse Dyantyi from the inquiry.
She said the evidence will be left for the police investigation, but added that she has decided to share the messages and audio “as it is in the public interest”.
Parliament’s ethics committee meanwhile has warned Mkhwebane not to make public the alleged audio recordings.
In a letter to Mkhwebane’s lawyers on Monday, the committee said it took umbrage at the manner in which Mkhwebane was handling her complaint of bribery, extortion and corruption against ANC MPs.
The ethics committee’s acting registrar, advocate Anthea Gordon said, should the information about the release of recordings be factually correct, the committee wishes to express its dissatisfaction at the manner which your client elect to conduct the complaint before the committee, in the media.
Parliament “implored” Mkhwebane last week to “afford the committee an opportunity to conduct its investigation and desist from continuing to vilify the speaker and others through the media”.
Four members of the Section 194 inquiry have since recused themselves from a Joint Committee on Ethics and Members’ Interests probe into allegations that three ANC MPs solicited bribes from her.
According to a statement from Parliament, the committee met on Monday when it received a briefing from the Acting Registrar of Members’ Interests, advocate Anthea Gordon, on Mkhwebane’s complaints.
“The matter is on the ongoing agenda of the committee,” the statement read.
It said, the committee noted that four of its members serve on the committee for Section 194 inquiry. The four members, Bekizwe Nkosi, Julius Malema, Violet Siwela and Mimmy Gondwe have been recused from the committee for the purpose of the complaints by the Public Protector. This is to ensure that the process before the committee is fair, ethical, and conducted with integrity.
“The committee will process the complaints in line with the provisions of the Code of Ethical Conduct and Disclosures of Members’ Interests and will at its next meeting engage on the substance of the complaints. The committee observes principles of natural justice, which must be adhered to.”
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